Connors v. Durite Manufacturing Co.
Massachusetts Supreme Judicial Court
Tort for personal injuries occasioned to the plaintiff while in the defendant’s employ. Trial in the Superior Court, before Hammond, J., who ruled that, upon the evidence, the plaintiff could not maintain the action, and ordered a verdict for the defendant; and reported the case for the consideration of this court. If the rulings were wrong, the case was to stand for trial; otherwise, judgment was to be entered on the verdict. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
The question in this case is whether the court erred in ruling that upon the evidence the plaintiff was not entitled to recover, and in ordering a verdict for the defendant. There was evidence which would have justified the jury in finding that it was the duty of the plaintiff, who was a fireman on a stationary engine, to wipe certain parts of the engine when it was at rest; that after the engine had been stopped by the engineer, and was at rest, he began to wipe it; that the engine at once started up, without any one letting on steam, and his hand was caught and injured ; and that the…
2Cases cited4 opinions
- Moynihan v. Hills Co.Massachusetts Supreme Judicial Court · 1888
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
- Donahue v. DrownMassachusetts Supreme Judicial Court · 1891
3Cited by14 opinions
- Ryan v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1908
- Vorbrich v. Geuder & Paeschke Manufacturing Co.Wisconsin Supreme Court · 1897
- Chiuccariello v. CampbellMassachusetts Supreme Judicial Court · 1912
- Gregory v. American Thread Co.Massachusetts Supreme Judicial Court · 1905
- McMahon v. McHaleMassachusetts Supreme Judicial Court · 1899
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